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SPECIAL MESSAGE 



I'll •.• 



OF 



Governor Herbert S. Hadley 



REGARDIXG 



Burning of State Capitol 



TO THE 



Forty-Sixth General Assembly 

1911 




THE HUGH STEPHENS PRINTING COMPANY, 

JEFFERSON CITT, MO. 






Submitted February 6th, 1911. and 400 copies ordered printed. 

R. S. McCLINTIC, 

Secretary. 



MESSAGE 



To the Members of the 46th Ge7ieral Assembly: 

The destruction of the State Capitol by fire has created an un- 
foreseen emergency which demands the serious consideration of the 
members of the legislative and executive departments of the State 
government. 

. The first question for consideration is to provide suitable 
quarters for the accommodation of the members of the legislative 
and executive departments, where the business of the State can be 
properly transacted. I am assured by the leading citizens of Jef- 
ferson City that suitable arrangements can be made in public halls 
and office buildings in this city for the accommodation of the legis- 
lative department, and the old Supreme Court building, the State 
Armory and office buildings in the city will furnish temporary 
quarters for the different executive offices. I have also received 
from commercial organizations and leading citizens in various cities 
of the State communications offering to provide suitable accom- 
modations therein for the members of the legislative and executive 
departments. 

While the Legislature has no power to change the location of 
the State Capital, it might by a joint and concurrent resolution 
provide for the holding of its sessions at a place other than the 
State Capital; at least, I find in the Constitution no prohibition 
against such action. The members of the executive departments 
are required, howiever, to reside and maintain their offices at the 
State Capital. It is, therefore, my opinion that if reasonably satis- 
factory quarters can be furnished in Jefferson City, the Legislature 
should continue and complete its session here. The members ot 



4 [2x 

the General Assembly, as well as the officers and employes of the 
General Assembly, have made arrangements for their private ac- 
commodations here ; the work of the legislative department requires 
constant conferences with and information from the offices of the 
various State departments, and the prohibition of the Constitution 
against the adjournment of the Legislature for more than three 
days all argue strongly in favor of the advisability of continuing 
the legislative session at the State Capital. The State officers who 
were located in the State Capitol have already made arrangements 
for temporary quarters either in State or private buildings, and I 
suggest that the Senate and House select committees to make ar- 
rangements for quarters for the General Assembly in which their 
work can be continued and completed. 

It will also, in my opinion, be advisable to have an investiga- 
tion made by competent architects and builders to ascertain whether 
the condition of the walls of the State Capitol are such as to make 
it feasible and advisable to make such repairs therein as would 
make it possible to use the building for the State offices pending 
the construction of a new State Capitol. 

The course to be pursued in providing a new State Capitol is 
the other problem with which the members of this Legislature are 
now called upon to deal, and I make to you at this time a few sug- 
gestions applicable to the existing situation, and call to your at- 
tention the provision of the Constitution which must control your 
action in this regard. 

As heretofore stated, the General Assembly has no power to 
remove or provide for the location of a new State Capitol other 
than at Jefferson City. To change the location of the State Capitol 
would require an amendment to the Constitution, which could not 
be submitted to the consideration of the people until the next gen- 
eral election, which will be held in November, 1912. Even if at 
that time the people voted in favor of locating the State Capitol 
at some other place than Jefferson City, and also provided by an 
amendment to the Constitution at the same time for the funds 
necessary to accomplish that purpose, it would require two years 



2x] 5 

additional, at least, to complete the State Capitol and have it ready 
for the occupancy of the State and legislative departments. Under 
the provisions of article 4, section 44 of the Constitution, the Gen- 
eral Assembly has no power to issue bonds or to contract any in- 
debtedness on behalf of the State except in the three cases therein 
referred to. First, in renewal of existing bonds ; second, on the oc- 
curring of an unforeseen emergency, when the liability incurred 
upon the recommendation of the Governor shall not exceed the sum 
of $250,000 for any year, to be paid in not more than two years 
from and after its creation ; third, on the occurring of any unfore- 
seen emergency the General Assembly may submit to a referendum 
vote of the people an act, providing for a loan and containing a 
provision for the levying of a tax sufficient to paj'- the interest and 
principal thereon, which must be paid in not more than thirteen 
years from the date of its creation, to the qualified voters of the 
State, and when such act has been ratified by a two-thirds majority 
at an election held three months after the passage of the act, the 
act so ratified shall create a legal and binding financial obligation 
upon the part of the State. 

If the Legislature should deem it advisable to undertake the 
repair of the present State Capitol, the second exception to the 
limitation placed upon the General Assembly to contract liability 
on behalf of the State would doubtless furnish an adequate method 
of procedure. I believe, however^ that it is the desire of the people 
of the State, and that this General Assembly should now provide 
for the erection of a State Capitol more commensurate with the 
population, wealth and dignity of the State of Missouri, and that 
that should be undertaken on the plan provided for in the third 
subdivision of section 44 of article 4 of the Constitution. By this, 
method the Legislature could pass an act making an appropriation 
suitable for the construction of a State Capitol ; that act could be 
submitted to a vote of the people within three months after its 
passage, and if it received their approval a new State Capitol could 
be completed and ready for occupancy on the convening of the 47th 
General Assembly. 



While all of these questions should receive the deliberate and 
careful investigation and consideration of the members of the Gen- 
eral Assembly, it has occurred to me in the limited time and op- 
portunity that have been given for the consideration of this ques- 
tion that the plan herein suggested is the best method of dealing 
•with the present unfortunate and unforeseen emergency. I, there- 
fore, after having conferred with the other State officials and 
members of the legislative department, submit to you these obser- 
vations in order that the different questions that you will have to 
deal with may be now suggested to you for your consideration and 
investigation. 

Respectfully submitted, 

HERBERT S. HADLEY, 

Governor. 
V 



LIBRftRY OF CONGRESS 



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